Wilkins v. USA

Filing 15

MEMORANDUM AND ORDER re: 1 MOTION to Vacate, Set Aside or Correct Sentence filed by Petitioner James Anthony Wilkins, Jr., 12 MOTION to Compel filed by Petitioner James Anthony Wilkins, Jr. This matter is before the Court on a motion under 28 U.S.C. § 2255 to vacate, set aside or correct sentence by James Anthony Wilkins, a person in federal custody. On March 29, 2016, Wilkins pled guilty to the offense of Felon in Possession of a Firearm and, on June 16, 2016, this Court sentenced Wilkins to the Bureau of Prisons for a term of 57 months, a sentence within the sentencing guideline range. The Government has now conceded that the plea and sentence should be vacated and that the case should proceed anew. Specifically, the Governme nt agrees that defendant was not apprised of all the possible consequences of the plea agreement and sentence in that he was eventually acquitted of a pending assault charge in Mississippi that was used to enhance his sentencing guideline levels in t his case. As a result, the plea was not knowingly and voluntarily entered.Accordingly, the plea and sentence are vacated, and defendant shall be remanded to the custody of U. S. Marshal's Services for further proceedings before this Court. Signed by District Judge Stephen N. Limbaugh, Jr on 11/2/18. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JAMES ANTHONY WILKINS,
Movant,
vs.
UNITED STATES OF AMERICA,
Respondent.

)
)
)
)
)
)
)
)
)

Case No. 1:17CV00093 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on a motion under 28 U.S.C. § 2255 to vacate, set
aside or correct sentence by James Anthony Wilkins, a person in federal custody. On
March 29, 2016, Wilkins pled guilty to the offense of Felon in Possession of a Firearm
and, on June 16, 2016, this Court sentenced Wilkins to the Bureau of Prisons for a term
of 57 months, a sentence within the sentencing guideline range. The Government has
now conceded that the plea and sentence should be vacated and that the case should
proceed anew. Specifically, the Government agrees that defendant was not apprised of
all the possible consequences of the plea agreement and sentence in that he was
eventually acquitted of a pending assault charge in Mississippi that was used to enhance
his sentencing guideline levels in this case. As a result, the plea was not knowingly and
voluntarily entered.
Accordingly, the plea and sentence are vacated, and defendant shall be remanded
to the custody of U. S. Marshal’s Services for further proceedings before this Court.

SO ORDERED this 2nd day of November, 2018.

_____________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

2